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2025 DAILYLAW 199832 (ALL)

SANDEEP SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME U.P. LKO.

BAIL/9583/2025 · 2025-10-08

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 9583 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. Learned counsel for the applicant submits that in the gang chart, two cases have been shown against the applicant. In both the said cases, the applicant has already been enlarged on bail and copies of the bail orders have been annexed with the affidavit filed in support of the bail application as Annexures-3 and 4. It is further submitted that apart from two cases shown in the gang chart, three other other cases are pending against the applicant, in which he has also been granted bail, copies whereof have been filed as Annexures-5, 6, and 7 to the bail application. The applicant is in custody since 26.08.2025. It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Versus Counsel for Applicant(s) : Ajeet Kumar Mishra Counsel for Opposite Party(s) : G.A. Sandeep Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home U.P. Lko. .....Opposite Party(s) Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Considering the facts and circumstances of the case, the nature of allegations, the period of incarceration of the applicant since 26.08.2025, and the fact that he has already been granted bail in all other cases shown in the gang chart as well as in the other pending cases and without expressing any opinion on the merits of the case, this Court finds it to be a fit case for enlarging the applicant on bail. Let the applicant Sandeep Singh involved in Case Crime No.139 of 2025 under Sections 2/3 U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Dehat, District Pratapgarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall also file an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case or misuse the liberty of bail. BAIL No. 9583 of 2025 2 (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (vii) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. The bail application is allowed accordingly. October 8, 2025 Madhu D.R/P.S BAIL No. 9583 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench